IV

107TH CONGRESS

1ST SESSION H. RES. 12

Opposing the imposition of criminal liability on Internet service providers

based on the actions of their users.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

Mr. DREIER submitted the following resolution; which was referred to the

Committee on the Judiciary, and in addition to the Committee on International Relations, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

RESOLUTION

Opposing the imposition of criminal liability on Internet

service providers based on the actions of their users.

Whereas the rise of the Internet has provided more than

300,000,000 people around the world with access to

knowledge and information, fueling innovation and facilitating communication on an unprecedented scale;

Whereas the Internet is a revolutionary medium that has provided unlimited opportunities for communication and

commerce by allowing its users to communicate directly

with each other unedited by a gatekeeper;

Whereas the rise of the Internet has fueled the economy of

the United States by expanding job growth, increasing

productivity, and contributing to the growth of informa-
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tion technology, which has accounted for nearly one-third

of the growth in the gross domestic product since 1995;

Whereas continued growth of the Internet should be encouraged;

Whereas the Supreme Court of the United States found in

Reno v. American Civil Liberties Union, 521 U.S. 844

(1997), that speech on the Internet deserves the full protection of the first amendment and noted that the Internet provides ‘‘vast democratic forums’’ and makes every

user a potential ‘‘town crier’’;

Whereas by passing the Cox-Wyden amendment to the Telecommunications Act of 1996 (Public Law 104–104; 110

Stat. 56), which was approved overwhelmingly by the

House of Representatives, Congress sought to secure the

further development of the Internet by protecting Internet service providers (including website hosts and the operators of portals, search engines, and directories) from

civil liability for content provided by third parties;

Whereas it is inconsistent with both the first amendment and

the due process clause of the United States Constitution

to require Internet service providers to remove online material without a determination by an independent adjudicator that the content is illegal;

Whereas if the Internet is to remain an innovative and

participatory medium in which users can communicate

with each other, Internet service providers cannot be

obliged to police user conduct on the Internet under

threat of criminal liability;

Whereas courts, not Internet service providers, are equipped

to judge whether any online communication violates

criminal law;
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Whereas a number of European and Asian countries have

held Internet service providers based in the United States

liable for content that is illegal under the laws of those

countries, but protected by the first amendment to our

Constitution; and

Whereas the Council of Europe, with the participation of the

Clinton administration, is negotiating and drafting a

Cyber-crime treaty that may expose Internet service providers based in the United States to criminal liability for

third-party content that is protected by the first amendment to the United States Constitution: Now, therefore,

be it

1 Resolved, That the House of Representatives—

2 (1) opposes the imposition of criminal liability

3 on any Internet service provider (including any

4 website host and any operator of a portal, search en5 gine, or directory) based on content supplied or con6 trolled by a third party or because of links controlled

7 by a third party;

8 (2) recognizes the importance of enacting legis9 lation during the 107th Congress to protect Internet

10 service providers from such liability;

11 (3) opposes efforts by foreign governments to

12 hold Internet service providers based in the United

13 States criminally liable under foreign laws for con14 tent that is protected by the first amendment to the

15 United States Constitution, processed by servers lo-
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1 cated in the United States, and not targeted toward

2 the citizens of the foreign country; and

3 (4) opposes the expansion of liability for Inter4 net service providers under international treaties, as

5 in Article 12 of the Draft Convention on Cyber6 crime (Draft No. 25) prepared by the Council of Eu7 rope, which might expose Internet service providers

8 based in the United States to criminal liability for

9 third-party content, and urges the President, before

10 bringing the treaty to the Senate for ratification, to

11 obtain explicit clarification that Internet service pro12 viders will not be held criminally liable for the ac13 tions of their users.

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